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First Option To Buy Agreement Template for Philippines

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Key Requirements PROMPT example:

First Option To Buy Agreement

"I need a First Option to Buy Agreement for a commercial property in Manila, where my company will have exclusive rights to purchase the property until March 15, 2025, with an option fee of 2% of the total purchase price and special provisions for conducting environmental assessments."

Document background
The First Option to Buy Agreement is a strategic document used in Philippine business and property transactions when a potential buyer needs to secure exclusive rights to purchase specific property or assets while requiring time for due diligence, financing arrangements, or other considerations. This agreement, governed by Philippine law, particularly the Civil Code and property regulations, provides protection for both the option holder and the grantor by clearly defining the terms, conditions, and timeframe for exercising the purchase option. It's commonly used in real estate transactions, business acquisitions, and development projects where parties need to establish preliminary rights and obligations before proceeding with the final sale. The document typically includes detailed information about the property, pricing mechanisms, option periods, and exercise procedures, serving as a crucial stepping stone toward a final sale agreement while ensuring compliance with local legal requirements.
Suggested Sections

1. Parties: Identification and details of the Option Grantor (seller) and Option Holder (potential buyer)

2. Background: Context of the agreement, including description of the property or asset subject to the option

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Option: Express grant of the exclusive right to purchase the property/asset within the option period

5. Option Period: Duration of the option, including start and end dates

6. Option Fee: Amount of consideration paid for the option and whether it's refundable or applicable to purchase price

7. Exercise of Option: Process and requirements for exercising the option, including notice requirements

8. Purchase Price: Agreed purchase price or mechanism for determining the price when option is exercised

9. Payment Terms: Terms and conditions for payment upon exercise of the option

10. Representations and Warranties: Statements of fact and promises by both parties regarding their capacity and the subject matter

11. Termination: Circumstances under which the agreement may be terminated

12. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Due Diligence: Terms regarding the buyer's right to conduct due diligence during the option period

2. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised

3. Third Party Rights: Provisions regarding existing tenants, liens, or other third-party interests

4. Assignment: Whether and how the option rights may be assigned to other parties

5. Confidentiality: Provisions for maintaining confidentiality of the agreement and related information

6. Force Majeure: Provisions for unforeseen circumstances that may affect the agreement

7. Broker's Commission: Terms regarding any broker's or agent's commission, if applicable

8. Tax Provisions: Specific provisions regarding tax responsibilities and implications

9. Registration: Requirements and procedures for registering the option with relevant authorities

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the property or asset subject to the option

2. Schedule B - Option Fee Payment Terms: Detailed payment terms and schedule for the option fee

3. Schedule C - Form of Option Exercise Notice: Template notice for exercising the option

4. Schedule D - Due Diligence Requirements: List of required documents and information for due diligence

5. Schedule E - Existing Encumbrances: List of existing liens, encumbrances, or third-party rights

6. Appendix 1 - Required Documents: List of documents required for closing upon exercise of option

7. Appendix 2 - Property Plans/Photos: Visual documentation of the property (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses

































Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Agriculture

Retail

Manufacturing

Mining

Infrastructure Development

Hospitality

Business Services

Construction

Relevant Teams

Legal

Real Estate

Business Development

Finance

Compliance

Risk Management

Property Management

Corporate Development

Acquisitions

Investment

Relevant Roles

Real Estate Manager

Property Developer

Business Development Director

Legal Counsel

Corporate Lawyer

Property Manager

Investment Manager

Chief Financial Officer

Acquisition Manager

Real Estate Agent

Commercial Director

Project Manager

Development Director

Asset Manager

Risk Manager

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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